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1991 (11) TMI 149 - CEGAT, CALCUTTAExtract: .......e applicant. In such circumstances, in view of the decision of the Calcutta High Court reported in 1986 (23) E.L.T. 14, the applicant appears to have aprima facie case. In the result, we grant absolute stay as prayed for and pre-deposit of the penalty during the pendency of the appeal is hereby waived. The appeal proper may be posted in due course.
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